Jitendra Chimanlal Thakkar vs State Of Gujarat on 6 May, 2019

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Gujarat High Court

Jitendra Chimanlal Thakkar vs State Of Gujarat on 6 May, 2019

Bench: Sonia Gokani

          R/CR.MA/8673/2019                                                 ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 8673 of 2019
==========================================================
                 JITENDRA CHIMANLAL THAKKAR
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
==========================================================
   CORAM:                             HONOURABLE MS JUSTICE SONIA GOKANI
                                             Date : 06/05/2019
                                               ORAL ORDER

1. The petitioner-party-in-person is before this Court, seeking following reliefs:

"40. ...

A) That the present Commissioner of Customs Smt. V. Rama. Mathew of Mumbai Airport should be summoned to appear before Honourable Court and thereafter, a direction should be given to Commissioner to file an affidavit to withdraw the whole litigation under their file No. SD/INT/AIU/28/2001 AP-A along with an unreserved apology. And each and every subsequent legal action emanated from this litigation should be also be withdrawn forthwith.

B) The assorted foreign currency- the permissible amount equivalent to US Dollars approximately 4100/- and equivalent to Indian rupees 1,88,349/-

seized under the panchnama dated 15/08/2001 should be released to me with an 18% interest to export it out of India.

C) The assorted foreign currency equivalent to Indian Rs. 3000/- which was removed from my house after conducting the follow-up checking on 15/08/2011 should be released to me with an 18% interest.

D) The 10% sum of Rs.30,000/- paid towards Page 1 of 2 Downloaded on : Sun Jun 30 12:00:48 IST 2019 R/CR.MA/8673/2019 ORDER the personal penalty Rs.3,00,000/- should be returned to me with 18% interest. This amount was paid in SBI on 09/05/2005 vide the Challan No. 17144 (Annexure R Page

73).

E) All the exhibits such as the SATCHI zipper bag, chequered coat and a pair of socks should be released to me in a brand new condition.

F) Kindly extend me the interim financial benefit deemed fit considering the nature and circumstances of this case.

G) ... "

2. This Court notices that the jurisdiction would not lie with this Court, considering the fact that the seizure of foreign as well as the Indian currency was at Mumbai, on the search of the petitioner on 15.08.2001, when, he was going abroad in Singapore Airlines and all other events having taken place at Mumbai.

3. Since, the petitioner appears as party-in- person, it was inquired from him, whether he required legal aid or not, to which the reply has come in negation. On further inquiry, he has stated that he is already before the Court at Mumbai in similar matter.

4. This matter, therefore, needs to be DISPOSED OFF for want of jurisdiction.

(SONIA GOKANI, J) UMESH/-

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